Dougland Support Services v Allscan Services Ltd. [2003] EWCA Civ 61 (23 January 2003)

Dougland Support Services v Allscan Services Ltd. [2003] EWCA Civ 61 (23 January 2003)

Dougland, by accepting supplies and paying after receipt of Allscan's quotation dated 19 January 2000, objectively accepted all its terms, including the termination clause requiring at least three months' notice expiring on the anniversary date. Subsequent correspondence did not alter this acceptance.

Citation
[2003] EWCA Civ 61
Parties
Defendant/appellant: Dougland Support Services Limited; Claimant/respondent: Allscan Services Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2003
Procedural Posture
Civil Appeal / Appeal From High Court (bristol County Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Wrongful Termination, Notice Periods, Acceptance by Conduct, Variation of Contract
Contract Law Wrongful Termination Notice Periods Acceptance by Conduct Variation of Contract

Case Brief

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Parties

Dougland Support Services Limited

Defendant/appellant

Allscan Services Limited

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (bristol County Court) to Court of Appeal

Legal Issues

  1. 1 Whether the contract between Dougland and Allscan was terminable on one month's notice or three months' notice expiring on the anniversary date
  2. 2 Whether Dougland accepted the termination clause in Allscan's quotation by conduct

Ratio Decidendi

Dougland, by accepting supplies and paying after receipt of Allscan's quotation dated 19 January 2000, objectively accepted all its terms, including the termination clause requiring at least three months' notice expiring on the anniversary date. Subsequent correspondence did not alter this acceptance.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £4,209